Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 50 performance in manner or at time prescribed or sanctioned by promisee Court: orissa Page 1 of about 6 results (0.108 seconds)

Jagannath Patnaik Vs. Sri Pitambar Bhupati Harichandan Mohapatra

Court : Orissa

Reported in : AIR1954Ori241; 20(1954)CLT505

..... sc 44 (d) and urged that the principles of english law of contract should not be applied too literally in construing the provisions of the indian contract act. as a broad proposition of law this argument may be right. but in construing sections 37 and 40, indian contract act, there is no special reason as to why the principles of english law ..... parties that the promise should be performed by the promisor himself his representative will not be competent to perform the same. thus in the indian contract act also it is stated expressly that the question is one of ascertaining the true intention of the parties. the english decisions dealing with ..... contracts of personal service have been referred to in the commentaries under these two sections in pollock and mulla on indian contract act and there seems therefore no doubt that the principle laid down in those decisions as regards the implied .....

State of Orissa and ors. Vs. Calcutta Company Limited

Court : Orissa

Reported in : AIR1981Ori206

..... :-- 'in my opinion, if the above distinction as made by the supreme court ia borne in mind then the meaning of the language as provided in section 74 of the indian contract act becomes crystal clear. when it comes to the question of forfeiture of the security money because of the breach the sum forfeited does not, ipso facto, becomes reasonable compensation it ..... stipulations by way of penalty,' the court again said (at p. 1411) :-- 'section 74 of the indian contract act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the contract contains any other stipulation by way of penalty ,.',.,..... the measure of damages in the case of .....

Shiva Cement Limited and ors. Vs. Mahanadi Coalfields Limited and ors.

Court : Orissa

Reported in : 103(2007)CLT521; 2007(2)CTLJ100(Ori); 2006(II)OLR642

..... 3. by doing so article 14 of the constitution is violated. this being against the public policy, also went against the provision contained under section 23 of the indian contract act. as averred in the writ petition because of the arbitrariness of opp. parties while three other cement plants in orissa namely m/s acc cement, bargarh, l ..... the case at hand, the petitioners challenge annexure-3, 4 and 6 on the ground of violation of article 14 of the constitution and section 23 of the indian contract act. as it appears since cement is vitally essential to the public it has been categorized as core sector under annexure-2 by opp. party nos. 4 and ..... inter se. no question arises of violation of article 14 or any other constitutional provision when the state; or its agents purporting to act within this field, perform any act.so, as per this decision, before entering into a contract with individual citizens the state or its instrumentalities are bound by the constitutional obligation, but after the .....

Baladev Raj Agarwal Alias Baldev Agarwal Vs. State Bank of India and o ...

Court : Orissa

Reported in : IV(2004)BC416; 92(2001)CLT779; 2001(II)OLR398

..... that case, their lordships said that wife had no liability for the debt of her husband on the date she executed the pronote. accordingly, section 25(3) of the indian contract act was not attracted. i think the decision is correct and is in applicable to the present case. here, the defendant's husband was dead and ext. 1 was executed ..... bas cited perumayammal v. chinnamal: i. l. r. 1967 mad. 189, in support of his stand that the plaintiff could not rely on section 25(3) of the indian contract act. that was a case where wife executed the pronote in favour of the plaintiff in renewal of one executed by her husband. by the time of execution of the pronote ..... a debt of which the creditor might have enforced payment but for the law of limitation, constitutes an enforceable agreement. this is borne out by section 25(3) of the indian contract act which runs as follows :-- '25. an agreement made without consideration is void unless- (3) it is a promise made in writing and signed by the person to be .....

Dambarudhar Behera Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1980Ori188; 50(1980)CLT119

..... there is silence on the part of the lessor or the vendor, as the case may be. the onus to prove the exception to section 19 of the indian contract act lies on defendant no. 1 and no such plea was taken in the written statement, nor evidence has been adduced in this regard. the trial court has ..... as such, there was actually misrepresentation about the extent of the coupe and the trees standing thereon by the time of the contract ext. 1 and the contract is, therefore, vitiated under section 19 of the indian contract act. it has further been held that possession of the coupe was actually delivered to the plaintiff on 4-1-65. the ..... is only according to boundary.6. sections 16 and 19 of the indian contract act provide that if any contract is vitiated by fraud or misrepresentation, this can be avoided and if such misrepresentation is proved, then the contract becomes void section 108 of the transfer of property act also clearly provides that the lessor is under obligation to disclose the defects .....

State of Orissa and ors. Vs. Jilludumudi Venkataraj

Court : Orissa

Reported in : AIR1966Ori76

..... the same.accordingly at the trial the suit was dismissed. in appeal that judgment has been reversed. the lower appellate court relying on section 74 of the indian contract act held that this deposit made by the plaintiff was by way of penalty and therefore the defendants could not forfeit it but only set off the amount of ..... damage or damages that govt. may be put to as a result of the breach of the contract committed by the contractor. in other words this provision regarding forfeiture is substantially by way of penalty as contemplated by section 74 of the indian contract act. that being so, the forfeiture clause as provided in rule 34(3) (e) of the ..... orissa forest contract rules has to be read in the light of section 74 of the contract act and not independent of it. section 74 of the contract act inter alia provides that:'when a contract has been broken, if a .....

Sri Durga Saw Mill Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1978Ori41

..... be supported by consideration or there must be some statutory provision having the force of law providing against the withdrawal of the bid-section 5 of the indian contract act entitles the maker of a proposal to revoke the proposal at any time before the communication of its acceptance is complete as against him. it is based ..... an offer is accepted, the offerer can withdraw his offer, but if the acceptance is conditional or is not final, then there is no concluded contract. section 5 of the indian contract act states that a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. ..... in support of petitioner's stand that its offer was open to revocation on the dates it demanded the refund of the security deposit. section 5 of the contract act provides :--'a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards.' the statutory .....

A. Suryanarayan Murthy Vs. P. Krishna Murty and anr.

Court : Orissa

Reported in : AIR1957Ori124; 23(1957)CLT291

..... father in consideration of his giving his daughter in marriage to be regarded as immoral or opposed to public policy within the meaning of section 23 of the indian contract act?' the opinion of the full bench expressed in the leading judgment of the chief justice sir arnold white is in the affirmative.but the learned chief justice has ..... of his giving his daughter in marriage to be regarded as immoral or opposed to public policy within the meaning of section 23 of the indian contract act, it is held that such a contract was immoral and opposed to public policy, although a marriage when performed in the asura form is valid, an agreement to pay money to ..... eminent judges. we are therefore, unable to decide the present case on the basis of this madras decision. the contract which is -sought to be enforced by the present plaintiffs is, therefore, hit by section 23 of the indian contract act as being immoral and as such it is not enforceable in court.7. in conclusion, the appeal succeeds, the .....

Gopal Chandra Ghose Vs. Orissa State Financial Corporation

Court : Orissa

Reported in : AIR1994Ori143

..... intention plainly appears from the body of the instrument. (reference be made to para 2 at page 911 of the indian contract act and specific relief act tenth edn. by pollock and mulla.)whenever an agent has entered into a contract in such terms he is personally entitled to sue thereon. (reference be made to the last paragraph at page ..... 912 of the indian contract act and specific relief act, tenth edn. by pollock and mulla).in paragraph 17 of the judgment of the apex court, reported in air 1962 sc 538 (radhakrishna sivadutta rai v. ..... . the state government, could it have brought this proceeding independently without joining the state government as a partysection 230 of the indian contract act reads as follows :'in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into.by him on behalf of his principal, nor is he personally bound by them. such a .....

Pratap Chandra Parida Vs. State of Orissa and Others

Court : Orissa

..... the definition of the word forfeiture and also forfeiture of the earnest money . with reference to the provisions of the indian contract act, 1872. it is held that the forfeiture is permissible only when a concluded contract has come into being and not prior thereto. the apex court has referred to the 2 case of maula bux v ..... of the transgression . or a punishment for an offence .32. while directing forfeiture of the earnest money the provisions of the indian contract act, 1872 are to be kept in mind. forfeiture is permissible only when a concluded contract has come into being and not prior thereto. [see maula bux vs. union of india, air 197.sc 1955=(1969) ..... union of india, air 197.sc 195.held that while directing forfeiture of the earnest money, the provisions of the indian contract act, 1872 are to be kept in mind and forfeiture is permissible only when a concluded contract has come into being and not prior thereto. that apart, the madhya pradesh high court in rajendra kumar verma .....